Construction, Forestry, Mining and Energy Union

[2013] FWCA 4839

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/7429)

SHEV CONSTRUCTIONS (VIC) PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 19 JULY 2013

Application for approval of the Shev Constructions (Vic) Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Shev Constructions (Vic) Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The CFMEU being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 26 July 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of an enterprise agreement. The agreement in question was the Shev Constructions (Vic) Pty Ltd and CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The applicant, the CFMEU, sought to have the agreement registered and approved by the FWC under the Fair Work Act 2009. The dispute involved whether the agreement met the statutory requirements for approval and registration, particularly whether it was in the best interests of the employees covered by the agreement.

The central legal issues that the FWC needed to address were whether the agreement was genuinely an enterprise agreement, whether it contained terms that were procedurally and substantively compliant with the Fair Work Act, and whether it was in the best interests of the employees. The FWC considered whether the agreement had been negotiated in good faith, whether it contained mandatory terms as required by the Act, and whether the terms of the agreement were fair and reasonable.

The FWC examined the evidence presented and found that the agreement was genuinely negotiated between the parties and contained all the required mandatory terms. The FWC also found that the terms of the agreement were fair and reasonable and in the best interests of the employees. The FWC concluded that the agreement met all statutory requirements for approval and registration. Consequently, the FWC approved and registered the agreement.

The FWC's final orders were that the Shev Constructions (Vic) Pty Ltd and CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of registration and would apply to the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established